Did the Missouri AG approve ballot language for the proposed minimum wage and paid sick leave measure?

Plain-English summary

The Missouri Secretary of State asked the AG to review proposed fair ballot language for an initiative on minimum wages and earned paid sick time. The submitted yes vote description proposed higher minimum wages and paid sick leave for workers of employers with fifteen or more employees, with listed public employer exemptions. Under § 116.025, the AG approved the statement's legal content and form.

The letter did not approve the initiative's policy or say that its proposed wage or leave rules had taken effect. It expressly said statutory review should not be read as an endorsement or as a view on the proponents' objectives. Its conclusion was limited to the wording supplied for review.

What this means for you

Voters and initiative sponsors

The AG accepted the proposed ballot wording for legal content and form. The letter gave no opinion on whether the wage and sick leave changes should be adopted.

Employers and workers

The reviewed text described proposed changes, including an employer size threshold for paid sick leave. The letter did not establish employment duties; it reviewed a ballot statement.

Common questions

Q: Did the AG make the proposed minimum wage increase law? A: No. The AG reviewed proposed ballot wording. The letter did not enact or endorse the initiative.

Q: Did the review cover paid sick leave wording?
A: Yes. The proposed statement described one hour of paid sick leave for every thirty hours worked at employers with fifteen or more employees, and the AG approved its legal content and form.

Q: Did the AG decide whether the measure was good policy? A: No. The letter disclaimed any endorsement or view of its proponents' objectives.

Background and statutory framework

The Secretary of State sent proposed fair ballot language for review under § 116.025. The text summarized a proposed statutory amendment to wages and sick leave, supplied a no vote description and gave a tax impact statement. The AG's statutory review addressed legal content and form of that submitted language, not the outcome of any election.

Citations

• § 116.025, RSMo, the review provision cited in the letter.

Subject

Minimum Wage and Earned Paid Sick Time ballot language

Topics: FAIR BALLOT LANGUAGE. INITIATIVE PETITIONS.

Source

• Landing page: https://ago.mo.gov/other-resources/ag-opinions/
• Original PDF: https://ago.mo.gov/wp-content/uploads/12-2024.pdf

Original opinion text

ATTORNEY GENERAL OF MISSOURI
ANDREW BAILEY
May 31, 2024
OPINION LETTER NO. 12-2024
The Honorable John R. Ashcroft
Missouri Secretary of State
James C. Kirkpatrick State Information Center
600 West Main Street
Jefferson City, MO 65101
Dear Secretary Ashcroft:
This opinion letter responds to your request dated May 21, 2024, for our review under § 116.025, RSMo, of a proposed fair ballot language for Minimum Wage and Earned Paid Sick Time. The proposed fair ballot language statement is as follows: A "yes" vote will amend Missouri statutes to increase the state minimum wage beginning January 1, 2025 to $13.75 per hour and increase the hourly rate $1.25, to $15.00 per hour beginning January 2027. Annually the minimum wage will be adjusted based on the Consumer Price Index. The law will require employers with fifteen or more employees to provide one hour of paid sick leave for every thirty hours worked. The amendment will exempt governmental entities, political subdivisions, school districts and education institutions from the minimum wage increase. A "no" vote will not amend Missouri law to make changes to the state minimum wage law. If passed, this measure will have no impact on taxes. Pursuant to § 116.025, RSMo, we approve the legal content and form of the proposed fair ballot language statement. Because our review of the fair ballot language statement is mandated by statute, no action we take with respect to such review should be construed as an endorsement of the initiative petition, nor as the expression of any view regarding the objectives of its proponents. Very truly yours,

ANDREW BAILEY
Attorney General
OP-2024-014
Supreme Court Building
207 W. High Street
P.O. Box 899
Jefferson City, MO 65102
Phone: (573) 751-3321
Fax: (573) 751-0774
www.ago.mo.gov